Features of the Constitution of India which make it distinctive and an unique document.

1. BASIC FEATURES OF THE
INDIAN CONSTITUTION
SHERLYN DUDEJA
12-LLB-064

2. INTRODUCTION
Constitution of India is the supreme law.
It lays down the framework defining political
principles
Establishes the structure, procedures, powers
and duties of government institutions
Sets out fundamental rights, directive principles
and duties of citizens.
Its repeated criticism is that it is very little original
and mostly borrowed from other constitutions
Nonetheless, it has distinctive features of its own
and is unique in many ways.

3. FEATURES
1. SIZE
Longest written constitution of any sovereign
country
It has 448 articles in 25 parts, 12 schedules, 5
appendices and has been amended 98 times
(out of 120 constitution amendment bills)
Very comprehensive and includes matters
which are legitimately the subject matters of
ordinary legislation or administrative action
The Government of India act, 1935 was used as
an initial working draft
The size, complexities and diversity of indian
situation necessitated miscellaneous provisions
for certain regions

4. 2. MODERN CONSTITUTION
Since it was drafted in the mid-twentieth
century, it gave an advantage to take
cognizance of various constitutional processes
operating in different countries
Rich fund of human experience, wisdom,
heritage and traditions in area of governmental
process was drawn
It suited the political, social and economic
conditions in india
Thus, it turned out to be a very interesting and
unique document

5. 3. WRITTEN CONSTITUTION
It is a lengthy, elaborate and detailed written
document
Originally it consisted of 395 Articles arranged
under 22 Parts and 8 Schedules.
Now, after 98 amendments, it has 448 Articles
and 12 Schedules.

6. 4. PREAMBLE
Unlike Australia, US or Canada, the Indian
Constitution has an elaborate Preamble
Its purpose is to clarify: who has made the
constitution, what is its source, who is the
ultimate sanction behind it, what is the nature of
polity and what are its goals and objectives
It lays emphasis on principle of equality which is
basic to the Constitution

7. 5. OUASI- FEDERAL
Federalism is when all powers of governance are
divided into central and state governments.
Indian federalism was inspired from US, Canada and
Australia yet it deviates from their federalisms in many
respects establishing its own distinctiveness
Article 249: Parliament can legislate on any topic of
state list if its in Nation’s Interest
The States depend largely on financial assistance
from the Union
Existence of Union Territories
Appointment of Governors by President
Emergency Provisions
Common All India Services
Thus, its Ouasi- Federal

8. 6. PARLIAMENTARY SYSTEM
India is a Republic
Unlike US President, Indian President is only a
nominal or constitutional head of the executive
He acts only on aid and advice of the Council of
Ministers
Thus, following British pattern, Indian Constitution
has adopted Parliamentary system of governance

9. 7. PARLIAMENTARY SOVEREIGNITY AND
JUDICIAL SUPREMACY
We are governed by the rule of law and judicial
review of administrative action
Since powers and functions of every organ are
defined and delimited by the Constitution; there is
no question of any organ being Sovereign
Both Parliament and Supreme Court are supreme
in their respective spheres

10. 8. ADULT FRANCHISE
By Parliamentary democracy we mean ‘one man,
one vote’
Indian Constitution provides for ‘Universal Adult
Suffrage’
Every adult Indian without any distinction at once
has equal voting rights.

11. 9. SOCIALISM AND SECULARISM
Preamble establishes the concept of Socialism
and Secularism
Principle of socialism is to eliminate inequality of
income, status/standards of life
It aims to end poverty, ignorance, disease and
inequality of opportunity
The policy of non- discrimination towards any
religion makes India a Secular state
All religions are held equally with high esteem

12. 10. CHARTER OF FUNDAMENTAL RIGHTS
They are incorporated in Part III of the
Constitution
It has been adopted from U.S.A.
The Constitution guarantees certain basic human
rights and freedoms to the people of India

13. 11. DIRECTIVE PRINCIPLES
The Directive Principles of State Policy are
inspired from the Irish Precedent
It’s a unique feature of our Constitution
Socio-economic rights are included under this
head
Though they are not enforceable but are
expected to guide the governance of the country

14. 12. FUNDAMENTAL DUTIES
42nd Amendment to the Constitution added
‘Fundamental Duties’
Inspiration is from the U.S.S.R.
It lays down 11 duties for all the citizens

15. 13. SINGLE CITIZENSHIP
The founding father provided for ‘single-citizenship’
despite the federal structure
Unlike US, Indian Constitution has single
citizenship where all citizens are entitled to same
rights all over the country

16. 14. INDEPENDENT JUDICIARY
Independent judiciary is established with
powers of judicial review which strengthens the
rule of law
Courts are not subject to improper influence
from other branches of government or from
private interests
Judicial independence is vital to the idea of
Separation of Powers

17. CASE LAWS
His Holiness Kesavananda Bharati
Sripadagalvaru and Ors. V. State of Kerala
and Anr.
“ While the Parliament has wide powers, it did not
have the powers to destroy or emasculate the
basic elements or fundamental features of the
Constitution”

18. Indira Nehru Gandhi v. Raj Narain
The Constitutional Bench of Supreme Court used
the basic structure doctrine to strike down the 39th
Amendment and paved the way for restoration of
Indian democracy

19. Golaknath vs. State of Punjab
“Every provision of the Constitution can be
amended provided that the basic foundation and
structure of the Constitution remains the same”